Common use of Informal Hearing Clause in Contracts

Informal Hearing. (1) If a company that is the subject of a complaint under paragraph (a) and (b) of this sec- tion believes the opportunity to make known its views, as provided for under paragraph (c) of this section, is inad- equate, it may, within 20 business days of the date of the notice required by paragraph (c), request, in writing, that an informal hearing be convened. (2) As soon as possible after a written request for an informal hearing is re- ceived, the Reviewing Official shall convene an informal hearing, at such time and place as he or she deems ap- propriate, for the purpose of deter- mining whether the company’s certifi- cate of authority should be revoked. (3) The company shall be advised, in writing, of the time and place of the in- formal hearing and shall be directed to bring all documents, records and other information as it may find necessary and relevant to support its position. (4) The company may be represented by counsel and shall have a fair oppor- tunity to present any relevant mate- rial and to examine the administrative record. (5) The complaining agency may be requested by the Reviewing Official to send a representative to the hearing to present any relevant material, and the agency representative may examine the administrative record. (6) The Reviewing Official is author- ized to require the submission of addi- tional documentation from the com- plaining agency and the company to ensure appropriate consideration of rel- evant factual or legal issues. (7) Formal rules of evidence will not apply at the informal hearing. (8) The formal adjudication standards under the Administrative Procedure Act, 5 U.S.C. 554, 556, 557 do not apply to the informal hearing or adjudication process. (9) Treasury may promulgate addi- tional procedural guidance governing the conduct of informal hearings. This additional procedural guidance may be contained in the Annual Letter to Ex- ecutive Heads of Surety Companies ref- erenced in § 223.9, the Treasury Xxxxx- cial Manual, or other Treasury publica- tion or correspondence. (10) Upon completion of the informal hearing, the Reviewing Official shall prepare a written Recommendation Memorandum addressed to the Decid- ing Official setting forth findings and a recommended disposition. The Decid- ing Official will make the final deci- sion whether the company’s certificate of authority to write and reinsure Fed- eral bonds should be revoked based on the administrative record. The admin- istrative record consists of the Federal agency complaint referenced in para- graphs (a) and (b) of this section, the company response referenced in para- graph (c), any other documentation submitted to, considered by, or entered into the administrative record by the Reviewing Official, the hearing xxxx- script, and the Reviewing Official’s Recommendation Memorandum. (11) The provisions of paragraphs (e), (f), and (g) of this section shall apply to the adjudication of the agency com- plaint when an informal hearing is con- ducted. [79 FR 62002, Oct. 16, 2014]